IMPORTANT JUDGEMENTS for August 2018

IMPORTANT JUDGEMENTS

 Housing society is not '˜industry' even if it earns profits.
2018 LLR 869
BOMBAY HIGH COURT

 Prosecution of CMD for violation of CLRA Act untenable when no direct control upon establishment.
2018 LLR 850
JHARKHAND HIGH COURT

 Habitual and unauthorised absence will justify termination.
2018 LLR 824
DELHI HIGH COURT

 Misappropriation of money justifies dismissal from service.
2018 LLR 866
KARNATAKA HIGH COURT

 An ex-parte award can set aside even after its publication.
2018 LLR 815
SUPREME COURT OF INDIA

 If the contract labour system is held sham, contractor's workers will become employees of principal employer.
2018 LLR 828
BOMBAY HIGH COURT

 Holding of enquiry not imperative on admission of misconduct by a delinquent.
2018 LLR 852
HIMACHAL PRADESH HIGH COURT

 Quantum of punishment is to be interfered by the Court only when grossly disproportionate.
2018 LLR 824
DELHI HIGH COURT

 Gratuity can be forfeited only on termination for prescribed misconducts under the Act.
2018 LLR 852
HIMACHAL PRADESH HIGH COURT

 No regularisation of contractor's workers on violation of CLRA by principal employer.
2018 LLR 827
BOMBAY HIGH COURT

 No leniency in punishment for misappropriation.
2018 LLR 868
KARNATAKA HIGH COURT

 Dismissal for forging signatures is justified.
2018 LLR 842
JHARKHAND HIGH COURT

 Opportunity for hearing is the must for all parties during judicial proceedings.
2018 LLR 815
SUPREME COURT OF INDIA

 Legal validity of contract system is to be adjudicated by the Industrial Tribunal.
2018 LLR 828
BOMBAY HIGH COURT

 Supervision by a principal employer is presumed to reject the work of any worker.
2018 LLR 828
BOMBAY HIGH COURT

 Obtaining consent for transfer is imperative when certified standing orders so provided.
2018 LLR 854
HIMACHAL PRADESH HIGH COURT

 A deputation of an employee to another place not tenable when not stipulated in a contract.
2018 LLR 856
HIMACHAL PRADESH HIGH COURT

 Labour Court has to confine adjudication on terms of reference.
2018 LLR 871
BOMBAY HIGH COURT

 Dismissal to be set aside if not based on findings of an enquiry.
2018 LLR 866
KARNATAKA HIGH COURT

 Appeal under Gratuity Act is to be filed within prescribed limits.
2018 LLR 864
MADRAS HIGH COURT

 Workman must prove to have worked for 240 days in preceding 12 months.
2018 LLR 871
BOMBAY HIGH COURT

 Prosecuting Directors and General Manager untenable if filed without obtaining sanction.
2018 LLR 914
PUNJAB AND HARYANA HIGH COURT

 EPF Tribunal has to consider material on record while setting aside an order of EPF Authority.
2018 LLR 877
BOMBAY HIGH COURT

 Pre-deposit of 75% of the determined amount not necessary in appeal against levy of damages and interest.
2018 LLR 883
CALCUTTA HIGH COURT

 A purchaser of property free from encumbrances not liable for EPF dues prior to transfer.
2018 LLR 878
BOMBAY HIGH COURT

 Second wife not a family member of a pensioner married after retirement.
2018 LLR 899
KERALA HIGH COURT

 Failure to dispose of grievance of aggrieved party is a dereliction of duty by EPF authority.
2018 LLR 911
MADRAS HIGH COURT

 After bona fide partition, each legal heir will be an independent entity.
2018 LLR 893
KERALA HIGH COURT

 All departments/ branches situated anywhere will be the same establishment under the Act.
2018 LLR 922
SUPREME COURT OF INDIA

 Educational institutions receiving 100% grant in aid is exempted for coverage under the Act.
2018 LLR 903
MADRAS HIGH COURT

 Disposal of an appeal needs fresh consideration when only secondary factors were considered.
2018 LLR 877
BOMBAY HIGH COURT

 Assessing damages without supportive reasons not proper.
2018 LLR 883
CALCUTTA HIGH COURT

 A child adopted after retirement is not eligible for the pension.
2018 LLR 899
KERALA HIGH COURT

 No writ is tenable against a show cause notice by EPF authority.
2018 LLR 907
MADRAS HIGH COURT

 Compliance of statutory requirements imperative on closure of establishment.
2018 LLR 887
KERALA HIGH COURT

 Mens rea on part of the employer is relevant for levying damages.
2018 LLR 883
CALCUTTA HIGH COURT

 EPF authority must dispose of representation made by an aggrieved party.
2018 LLR 911
MADRAS HIGH COURT

 Waiver of damages untenable in absence of justifiable reasons.
2018 LLR 915
PUNJAB AND HARYANA HIGH COURT

 Damages for delayed payment being penalty cannot be recovered in mechanical manner.
2018 LLR 874
BOMBAY HIGH COURT

 All concerned establishments are to be notified by PF authority to club them for coverage.
2018 LLR 887
KERALA HIGH COURT

 Levy of damages not proper on a sick unit and in absence of willful default for EPF dues.
2018 LLR 874
BOMBAY HIGH COURT